and an atlanta middle schooler shot a 17-year-old student in the head and the suspect is now in custody. lawmakers grilling chuck hagel about iran, and hagel said there's one statement that defines his beliefs, and breaking tonight, the hea the -- >> on this day in 1606, the legendary british rebel guy fox jumped to his death rather than face execution for trying to blow up partliment. he was a catholic in an otherwise protestant kingdom. and he had a plot to assassinate king james. he filled it with gunpowder but on the night before, guards uncovered the plot. for days, they tortured fox.

and just before they were about to hang him, he leaped off the ladder and broke his next. these days, guy fox day is marked with fireworks, and masks of his face are a symbol of local anarchy, but a brit bit the dust. on this day, january 31st, it's over. that's it for january. spring. hurry up. >> the o'reilly factor, tonight. >> i want to talk to you about the allegations -- >> i have no comment about that. >> new jersey senator, robert menendez in big trouble. lurid accusations about underaged prostitutes are in the air, and a senator took private jet trips that he tried to hide. we'll have the latest on this very troubling story.

>> bill: americans say this super bowl ad, paid for by coke, is insulting to arabs. we'll try to get to the bottom of this controversy. >> are you here to see al gore? >> bill: and waters world, the al gore edition. watters even caught up with gore himself. you are about to enter the no spin zone. the factor begins right now. hi, i'm bill o'riley and thank you for watching. senator robert menendez in it big trouble. the 39-year-old new jersey democrat has been in the senate and now is the chairman of the

powerful relations committee. allegations that he took private jet trips to the dominican republic, which he did not slows as required by senate rules. his friend,]lt dr. solomon melg, hired underaged prostitutes, and senatosenator menendez denies t. the fbi now involved in the case, raiding the florida office of doctor melgen. the doctor is of course investigated for a number of things, including fraud. and menendez is in trouble. there's no question that he broke senate rules. and the whole story is beginning

to unravel. melgen has donated hundreds of thousands of dollars. and bill and hillary clinton even vacationed at his home. the office of menendez but not the senator himself has issued this quote. he has been a friend of political reporters for many years, and the senator has travelled on dr. melgen's plane on many occasions, all of which have been paid for appropriately. moved by a politically right wing blog and are false. we asked senator menendez for another quote today and he didn't send one. tucker carlson, the senate majority leader, harry reid attacked it on tuesday. >> everyone has to look at the source where it comes from. a source that has brought up a lot of non-issues.

i've told you how i feel about the source of this stuff. and it's really, very very typical for the source. >> bill: now, all fair minded americans will presume that senator menendez is innocent until proven guilty of any allegations, but in general, exploiting children is the worst possible scenario for any politician, and the evidence shows that he did not disclose about the jet trips, but that's a trifle compared to the under age always. they held it back for some time. but now, the story has advanced far beyond the rumor stage, and as an american, i hope that he had nothing to do with exploiting children, i hope. fox's news hour with laura

ingram, and how do you read this. >> well, if the allegations are true, he's going to have to step down. >> bill: he'll go to prison. >> yes, we're talking about politics for a moment. and harry reid, i understand that he wants to write off anything that the daily caller is saying, and they backed off everything said for the day, but basically, they're punching on anything said before senator menendez. when you're a public official and elected, six, seven weeks ago by the people of your state to represent them, you have to hold yourself out as someone worthy of the trust of the public. and the late payments for the jet trips not withstanding, he violated senate ethics rules by not reporting those as significant gifts, and that in and of itself is serious. >> bill: he took the trips in

august of 2010, and reimbursed the government in january of 2013, after the daily caller exposed the story. >> what it reminds me of a little bit is what happened with the john edwards story. of course one publication, the national enquirer was covering it, and pretty much every stayed away from it, and poo pooed it, and a significant time later, the national inquirer was right and they had done good reporting. i don't know the background of the reporting on the daily caller, but there's significant reporting on multiple women who have specifics on dates, times, and places, and what was paid and what he liked and didn't like, and maybe it was all fabricate and i certainly hope for him and for the country, that's not true >> bill: all right, the problem with the women is, that they are in the dominican republic. they are in a shadowy industry,

and these are not law-abiding citizens coming forth, as you know. a lot of money changes hands in these things, and you can bribe criminals to say anything. >> secret service gambled with women too who were supposedly untrustworthy and turns out they were telling the truth. >> bill: but here's the bigger picture. there are certain countries in the world that specialize in this kind of thing. island of hispaniola, which comprises the dominican republic and haiti and type land is another and hong kong where the children are trafficked. and the dnr goes there for that specific reason. >> that's the reason >> bill: number two, the situation has to be-- i'll say once again. i don't know menendez, and i've never met him. but i'm going to believe himself

as an american, when he says this is bull. i believe him. because i think that's the fair thing to do. but i think it has to be investigated. now, the fbi never comments on investigations. we know, as i say, they raided this doctor's house, and they know this is a sleazy guy, this doctor. so we have a lot of circumstantial evidence looking back. >> in the senate, bill, you don't have to be convicted of anything to be found guilty of wrongdoing >> bill: this committee has got to sanction him, it has to. >> bill, let's just forget this though, i think that you're right, giving people the benefit of the doubt is the right thing to do, until the evidence becomes beyond office if it does. but let's just remember. we just came off of a year where the he democrat theme was the war on women. that was one of the main themes of this campaign, and we just saw senator menendez earlier

this week make an impassioned plea, the moral case for citizenship of un.commed immigrants. that was a moral plea to many people. so senator menendez does hold himself out as part of a party that really runs with this, there's a war on women out there, and he runs with this normally case for amnesty for undocumented immigrants, and he holds himself out there, and it's well within the rights of the women of this state but to require that he ask that he answer serious questions about this. and if he doesn't want to answer them, i guess he could claim the fifth, but that's not going to look too good. >> bill: so you think of he should step up and hold a press conference? >> why not, if he's not guilty... >> bill: an ad that will run in

the super bowl. some arab americans saying that it insults them. and watters does not insult al gore but catches up to him on the streets of new york city. my wife takes centrum silver. i've been on the fence about it. then i read an article about a study that looked at the long term health benefits of taking multivitamins. they used centrum silver for the study... so i guess my wife was right. [ male announcer ] centrum. always your most complete. [ metal rattling ] ♪ hello? boo! i am the ghost of meals past.

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delivering whatever the world needs, when it needs it. ♪ after all, what's the point of talking if you don't have something important to say? ♪ >> bill: a bizarre story surrounding a super bowl advertisement. on super bowl sunday, coca-cola will pay more than $1 million to show you this. ♪ [ horse neighing ] ♪

[ honking ] >> all right, well, after word got out about the ad, arab american anti-discrimination said it was offended and asked coke to change the ad. we called the arab anti-discrimination committee and at first they agreed to come on the program tonight. and then they called back and said you know what? we're not offended anymore. the executive director of the council on america's islamic relations. so this is-- i don't know, i can understand, you know, you have the arab guy with the camel and the camel is not going, and he's left behind, and maybe some arab people think that's insulting, and what do you think? guest: well, thank you for having me back on the show, and i look forward to seeing the super bowl myself. and i always enjoy watching the commercials.

what i'm not looking forward to seeing is a been deemed offensive by members of our community, especially when it has images of the 90s and 50s, and i thought this was behind us. when i saw the ad, yes, the question came it my mind, yes, it shows arabs with camels, and camel jockeys. this is like an old-fashioned, non-creative approach to entertaining people. and selling a bad product like coke. but however, i know that it is offensive, and i myself am offended, but i'm not taking action against the company, and i'm glad to know that the american islamic committee, which is partner with us in fighting prejudice, they are in conversation with the company. and i hope-- >> bill: but they said they

weren't offended anymore. but let me play devil's advocate. i don't get the ad. and i don't know how this is going to sell coca-cola. if i were in the desert, i would want a coke, that's obvious, but are cowboys offended? the arab guys camel and you're calling him a camel jockey. there are camels in the desert, and they're still there, and arabs live in the desert. and lawrence of arabia, and we had arabs and camels and sand. and i don't know why-- it's a dopey soda commercial that doesn't make any sense, so why bother being offended by it? why bother? >> i agree with you in part. this is very difficult, all the way around, not only for arabs. >> bill: you got cowboys, and mad max, and are australians going to be offended because mad max is in it? >> you and i know that arabs

don't ride calls >> bill: a few of them do. guest: i would expect that coca-cola to go back to it's approach of marketing to being inclusive. i like them because they're inclusive. >> bill: they're not ex excluding arabs, and they will probably get to the giant coke, and them give it to them. guest: i think of in the commercial, it shows arabs as inept, unapproachable. >> bill: the sub lynn nal message, but surely you don't think that coke wanted to offend 3 millionaire abs. guest: that's why they're not as sensitive as they have always been. and i'm happy to know they're in proposition with abc. i would like to enjoy the presidensuperbowl and see the cd

hope that this is nowhere inclusive. >> thank you for coming out and we appreciate seeing you. and yet another controversy on abc news, involving yet another doctor tape. and meeting up with al gore. that should be fascinating. this is for real this time. step seven point two one two. rify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers. i have obligations. cute tobligations, but obligations.g. i need to rethink the core of my portfolio. what i really need is sleep.

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>> bill: tonight, it the state of tennessee causing some controversy. state senators ther if students engage in homoequal activity and welfare benefits will be cut if the students don't perform well

in school. let's take the gay activity thing first, if the school finds out, public school, that the students are involved in gay sex, do they have to tell the parents? guest: no. >> bill: how about overall in any activities. guest: no, because i think it's discriminatory to call the parents. >> bill: the rule is, if we catch you on campus engaging in sexual activity, we're going to let your parents no. guest: let's harken back to when i was in school, a lot of decades ago. i had a boyfriend in high school, and i might have held his hand going from class to class, and you can't do it now >> bill: so you're saying that you can't single out homosexual activity. it has to be all sexual activity. and do you think that schools should be required to report sexual activity on campus to the parents? guest: no, i think they should have to report child abuse and what they consider to be abuse,

as mandated by law, and i think that the school shoul inform the parent if the child is depressed. >> bill: it's dicey, because there are laws against it. guest: but it depends on the age of the people engaging in the sex, but he considers the act of homosexuality to be dangerous to the child's health and safety. >> bill: it's the age question there. guest: but what about het row sexuality? >> bill: so you are saying that you think that if homosexual activity is discovered on campus, it should not be reported. guest: i'm saying no. guest: i'm saying that the schools have the right to report on all. >> bill: i don't want this nuance stuff, should they do it or not? guest: then yes, if they catch

them-- . guest: just pure sex or homosexual sex? >> bill: you just changed. guest: i did, if they're having sex in class, that's something that a parent deserves to no. >> bill: so now we have two yeses, and at the same time, as i mentioned, we want to tie in welfare payments to families and children, with academic province, explain what he wants. guest: what he wants is to cut your cash welfare by 30% if your kid is not doing that well in school. we're not talking about food stamps or rent. we're talking about cash assistants that parents get, based upon the performance of the kids. and the devil is in the detail. if there's satisfactory academic progress? that means that the kid has advanced to the next grade >> bill: and this is state aid,

tennessee aid, and not federal aid. so he wants to say to parents, if your kid is screwing around and not doing what he should do, you're going to take a 30% hit in the state pay. guest: anand i totally disagree with that. he says there are three legs in the education, and he's right, the third parents, but why should you punish the child? >> bill: he believes that the parents can make the kid perform better. guest: but it starts with the parent to be an involved parent, you were with an educator. >> bill: now have it's the theoretical many black and white. they get a 30% cut guest: that's different han penalizing the child's grades. >> bill: the child is going to get penalized no matter what. guest: what the state of tennessee is putting a bulls eye

on the child's back. >> bill: and you disagree with it? guest: i disagree, there are abusive parents looking for any excuse to beat a kid. and there are kids who suffer from things like depression, or who are being bullied. >> bill: you are not going to change your mind like you did a few minutes ago, right? guest: it was about homosexuality, where they were separating the two of them. and the law states >> bill: you clarified, and if people change their mind, good. last word guest: here's what's prepost russ, he has three kids, two doing well and one isn't, and you still get hit. >> bill: lock the other kid in the basement. guest: oh, come on. >> bill: that was a joke. guest: are you going to change your mind? a colorado high school teacher, everybody is in big trouble tonight. because when she tweeted, sex and drugs, on her constitutional

rights. and yet another tape. we hope you stay tuned for those reports. with the spark cash card from capital one,

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provocative photos of herself and discussed drug use. we all know this is inappropriate for a teacher in public. i was a teacher at 23 and a teacher in miami at the time guest: but thank you never posted saucy photos of yourself? >> bill: we never had that then. the pony express came by. and there was no tweeting guest: you ran after her with hour polarroid. >> bill: but here's the interesting thing about the story, she didn't do it on campus, and in her private time. guest: oh, sweet carly, share the photos with your boyfriend, delete them. don't become a teacher of the nation's children. >> bill: she doesn't have-- . guest: they are limited. the teachers have more limited rights when it comes to if they reflect adversely on them or

teachers or might have a disruption in class. greatest protection they have, is when they are speaking on twitter about a matter of public concern. i love barack obama, or mitt romney, or whatever it is, i think we need healthcare, and if it's a member of public concern. this she was tweeting about, how she loves to do drugs and be stoned, on and on, that's not a public concern, it's a private concern, and it gets the least amount of protection. if they want to fire her, they can. >> she'll be fired, there's no way she can go back into the school. guest: it's colorado, bill. >> bill: colorado is a crazy state, and it's not as crazy as people think it is, but here in aurora-- . guest: do you know what they're saying? she is only a first year, she's like a probationary.

let me say this, the pictures, we don't have a problem with that. >> bill: we don't have a problem? guest: it's colorado, and the fact that she likes to get stoned all the time, it's colorado, it's legal. and forget those federal laws.m, he can take it up with her. >> bill: i still think she's going to get fired. guest: but she tweeted about how she was allegedly stoned while she was grading papers, and she saw a pot arrest in the school parking lot and that's ironic because she had pot in her car then, and then she said a friend tweet today out. >> bill: i'm saying she's gone, that's what i'm saying, and you know i'm right. guest: it's colorado. in texas, yes, but in colorado... >> bill: all right, i'll bet you. guest: okay, i'll bet you. >> bill: dinner, and kelly is

going to owe me a big dinner, very expensive. so people who didn't win are saying that they lost because they were minorities, right? guest: they claim that they were booed after the show, and the controversy is that they were black, that everybody who goes on the show is asked if they have been arrested and if you say yes, they stick a private eye on you and they get the details of your arrest. and with the black contestants, they use it to publicly humiliate and disgrace you, and that is all according to tmz >> bill: that's crazy, why would a network do that? guest: they said that they have a big scheme to discredit some of the black people. which is an interesting scheme, because they have two judges who are black. >> bill: so why would you discriminate? and so this is another desperate attempt to shake down a powerful

entity, that's what i see. guest: it certainly smells that way to me. >> bill: do you want to bet on that one? it's a desperate attempt to shake down a powerful entity. that's what we do in america if we're lawyers, we shake people down. guest: it's only one lawyer, and the lawsuit has not been filed yet. >> bill: all it takes it one lawyer, and people say, i'm lost,. guest: but he could get this, this may be thrown out on the papers, and may never get into litigation, we'll see. >> bill: you still think that the colorado teacher is not going to get booted. guest: it's colorado, what do you think? it's colorado, man. it's the birthplace of cheech and chong. >> bill: i was a journalist there for two years. guest: where did you teach? >> bill: i taught in miami. i had davey crockett in my close. class. there you go, and when we come back, another allegation, a

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viewers. mr. heslin lost his son in the newtown, connecticut massacres, and wants stricter gun control. >> why anybody in this room needs to have one of these assault style weapons or military weapons. all right. >> please, no comments while mr. heslin is speaking or we'll clear the room. >> bill: a father's grief interrupted by the cries of a heckler. wow, that really sounds bad. problem, it didn't happen that way. here's the full incident involving mr. heslin. >> i ask if there's anybody in this room who can give me one reason or challenge this question, why anybody in this room needs to have one of these assault style weapons or

military weapons or high capacity clips? not one person can answer that question. all right. >> please, no comments while mr. hez lynn is speaking, or we'll clear the room. please continue speaking. >> anyway, we're all entitled to our own opinion, and i respect their opinions and their thoughts, but i wish they would respect mine and give it a little bit of thought. >> bill: so there was no heckling. joining us from palo alto, california, particular goldberg, what do you think? guest: well, i think that first of all, msnbc is a repeat offender, and if you throw nbc news in with it, they have pulled stunts like this with the

editing three times in the last 12 months. on this show, you have martin bashir trying to people them look bad with this kind of editing, and then mitchell, a serious journalist, she doctored the tape during the campaign to make mitt romney look like an idiot, that he didn't know anything about technology, and sunny news doctored the tape to make george w. bush look lik-- g like a racist. you have young people, behind the scenes, and nobody knows, and these people masquerade as journalists and they have political japed as, and they think there's nothing wrong with using the media to further those political issues that concern them. in fairness, bill, conservatives have been guilty of this too. this program has been taken by

an edited tape. and i personally was duped by an audio tape put out by a well-known radio talk show host that was designed to make tom brokaw look bad. and it was doctored. and when i found out about it, i apologized to brokaw. what these people don't understand is that even commentators, tv or radio, have an obligation to be fair. they don't have to be balanced but they do have to be fair. >> bill: okay, what's it shirley shirad, the former agriculture secretary, and the website took it out of context when she said, that was my fault because i didn't have orders instituted, i do now, that any videotape we use on the factor needs to be seen in its entirety. so we put that in. but we didn't do that on purpose. this is the deal, and i know that. nbc news, that person who edited

that, and we did a trayvon martin tape with zimmerman, they did it on purpose. guest: now hold off, bill, you're misunderstanding me. you didn't do that on purpose, and i didn't write negatively about brokaw on purpose, but the people who supplied the original tape, they did it on purpose >> bill: but they were outside of our organizations, and this was inside, so let's keep it where it has to be, at the doorstep of nbc news. now, they fired people-- guest: you know why they do it, also as to further their political agenda, because they know they can get away with it? >> bill: but they can't get away with it, bernie. they have know we're watching them and other people. guest: i'm sorry, in-house, they know-- . [ talking at the same time ] the editor there, and the producer got fired, and i assume on this one, the editor is going

to get fired as well, you can't do that >> bill: wait a second, when does this stuff hit the fan? only when the people on the outside notice it, and then they decide to take action. the brass at nbc doesn't know what goes on in the editing room, did you know that. guest: i can't blame the brass at nbc for that thing on some afternoon show, they do not know what's going on, they don't take any action, and i can also blame them, as you pointed out, for fostering this climate of unbelievable left-wing fanaticism. i can blame them for that. >> bill: that's what i'm talking about. that's precisely what i'm talking about. they foster this atmosphere where a producer thinks he or she can get away with this kind of unethical behavior, that's what i'm talking about guest: did you see the pal interview this week? what did you think of that?

>> bill: i have think that the whole world saw that. the questions were fine and pointed and all of that. but i'm not so happy with the answers. if anybody cares, and probably nobody does, i grew up in the same neighborhood as colin powell at different times, and in the same neighborhood. and live colin powell, i'm also uncomfortable with the more extreme elements of the republican party. but i don't think it's fair to characterize an entire party by the extreme elements. if the general wants to play that game, there are plenty of extreme elements in the democratic party that he could be concerned about, and i don't think he is. but the thing that interested me the most, bill, about the interview and the general, he portrays himself as a moderate republican, but yet in 2008, he had the opportunity to vote for a moderate republican and he chose to vote for the liberal democrat. and in 2012, he had another opportunity to vote for a

moderate republican and again he decided to vote for the liberal democrat. i don't think it's about the extremists. i think that general powell is simply more comfortable being part of a liberal democratic party than a conservative republican party. and not the extremist part of the party. i think that he's not comfortable with the ru the run-of-the-mill part of the republican party >> bill: thank you, and we're asking, was my interview with colin powell too fair, too tough, too soft? the world according to al gore. ♪ [ male announcer ] to hold a patent that has changed the modern world... would define you as an innovator. to hold more than one patent of this caliber... would define you as a true leader. ♪ to hold over 80,000... well, that would make you...

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>> patters world, the al gore edition. funded by oil money, gore seas had a this it's harming the planet. going around new york city hyping his book, we sent out to find him and talk to some of his supporters. >> reporter: what about gore is attracting you here? >> i have think he's a very mistaken man. >> i would bush if he came here. >> i spoke with george w. bush and congratulated himself and i promised him that i wouldn't call him back this time. >> are you here to see al gore? >> no. >> what are you doing out here? >> i think they're trying to get the care tours that you're trying to portray people as >> reporter: why do you like al gore? >> he helped to raise awareness about climate change, which is an important issue. >> reporter: did you think that

al gore explained it enough to you about selling currency to al jazeera? >> i'll let you be the judge of that. >> reporter: what do you think his answer was, it's kind of hip critical, do not you think? >> what would you have liked him to have said? >> reporter: hypocrisy. >> i raised the question. >> bill: current tv, as a network, i never could find it. >> are you concerned that he sold to al jazeera at all? >> he has a lot ofa great ideas and other things that he has pushed. >> in t united states, political will is a renewable resource. >> i think that there's potential leaf room for that sort of criticism. >> i disagree with it. >> how he makes his money, i don't agree with it, but it doesn't take away from the good work that he's trying to do. >> you or al gore invest in this

company, and your ultimate goal of climate change. >> i think that i understand what you're getting at. >> are you concerned thatal jazeera is a different network? >> there's a difference between al jazeera and al jazeera that you see in the middle east. >> reporter: is it fair that he wanted to pay his fair share of taxes before the fiscal cliff? >> it's probably the money that is in principle. everybody wants money, it's not a secret. >> reporter: you had an opportunity to make a statement about your principles, and i thought it was an odd move. >> a greedy guy. environmentalists who voted for him and clinton -- >> i really do. >> why don't you wum on the o'reilly factor, mr. president. you know that bill is not a big

anti-global warming guy. the o'reilly factor? >> i love o'reilly, he's a comedian, right? >> i have watch both sides of the picture. >> i have a son with autism. and o'reilly is one of our biggest supporters. >> you don't watch fox news. >> this is a game you're playing, you try to get people to sound like what you want. >> i thought that you didn't watch. >> bill: all right, here now have is watters. so gore, did he tell you why he didn't want to come on? guest: no, he tried to brush meed off politely. i said give me some dates, and bill has a few questions, we know we can sell a lot of books here, and we know he likes money, but i don't think he's going to get back to us. >> bill: he wouldn't answer you in. guest: no, he wouldn't give me a specific date. >> bill: did the people try to beat you up?

jo no, everybody was very respectful except for that money knucklehead >> bill: charlie rose hates you. we were going to do a segment, but he hates you. and he wants to hit you, but he knows the camera is on you, guest: he had the opportunity to ask, and he didn't push it. >> bill: he's not going to do that. was it sold out there? guest: it was sold out and the crowd was very happy and a lot of people thought he should have been president, so they were enthusiastic. they think it was really fixed that whole supreme court thing. >> bill: so they're not bad, the al jazeera thing, they're hardcore,. guest: there was a jewish community center, and they were troubled by that, because al jazeera isn't really friendly could the israeli state. >> bill: there's a provocative column that you'll want to read. the tip, 60 seconds away. excuse me, sir i'm gonna have to ask you to

power down your little word game. i think your friends will understand. oh no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my policy, get roadside assistance, pretty much access geico 24/7. sounds a little too good to be true sir. i'll believe that when pigs fly. ok, did she seriously just say that? geico. just click away with our free mobile app.

>>. >> bill: factor tip. day a provocative newspaper column by me. but our billoreilly.com promotion we are giving away the copy of the independence, one of the most successful deals ever. you if you buy any one of my books. it's a tremendous deal. all the money i get from the website going to charity. now to mail... >> bill: what am i supposed to do. do you want me to punch him? it's his opinion.

>> bill: i did mention it and check out on our website. >> bill: that is an excellent point. >> bill: miller might be offended. details on our